Court

Court hears claims of interference in 2011 Health Tender

May 20, 2026 9:41 am

A former senior procurement officer has told the High Court that attempts to override a government tender evaluation committee’s recommendation in a 2011 Health Ministry procurement could set a “dangerous precedent” for interference in Fiji’s procurement system.

Former 1 testified that concerns were raised internally after the Ministry of Health sought to waive an open tender process for rural laboratory equipment.

Wise, who headed the social services cluster at the Fiji Procurement Office between 2010 and 2014, said the tender evaluation committee had already completed its assessment and recommended suppliers when a request was made to disregard its findings.

The court heard Tender 66 of 2011 involved laboratory and medical equipment, including hematology, chemistry and electrolyte analysers, as well as microscopes.

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Wise told the court the evaluation process followed the standard three-stage procedure: administrative compliance, technical assessment, and cost evaluation.

She said that after the committee concluded its work on July 4, 2011, the Fiji Procurement Office received correspondence indicating an intention to “disregard” the committee’s recommendations in favour of preferred suppliers.

Wise said she was instructed to prepare a memorandum responding to the Health Ministry’s request for a waiver of tender procedures.

She told the court the proposed override of the committee’s recommendations was “alarming,” warning it could open the door to future interference in procurement decisions.

Wise said procurement regulations only allow waivers under limited conditions, including sole-source supply, donor-linked procurement, or urgent unforeseen circumstances.

However, she said the ministry’s justification — that laboratory machines had become obsolete — did not meet the urgency threshold, as replacement needs were foreseeable and should have been planned for.

She also told the court ministries are expected to prepare annual procurement plans to account for equipment replacement cycles.

The court heard the Fiji Procurement Office instead advised alternative lawful options, including revising tender specifications or pursuing single-source procurement where justified.

Wise further testified that officials viewed the attempt to bypass the evaluation committee as interference in the tender process, and her memorandum was escalated through senior government levels, including the Ministry of Finance.

The case involves former Health Minister Dr Neil Sharma, former Finance Minister and Prime Minister Voreqe Bainimarama, and former Attorney General Aiyaz Sayed-Khaiyum.

Proceedings continue today.